Appellate Division: Second Judicial Department

M35045

A/nal

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2005-08805 Lisa Catherine Gagliano, appellant, v Dominick Gagliano, respondent. (Index No. 11742/03)

DECISION & ORDER ON MOTION

Appeal by Lisa Catherine Gagliano from an order of the Supreme Court, Suffolk County, dated August 24, 2005. By order to show cause dated December 5, 2005, the parties or their attorneys were directed to show cause before this court why an order should not be made and entered dismissing this appeal for failure to comply with a scheduling order of this court dated October 18, 2005 (see 22 NYCRR 670.4[a][5]). Motion by the appellant pro se, inter alia, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the order to show cause and the motion and the papers filed in opposition or relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion of the appellant pro se which is to prosecute the appeal as a poor person, to waive the filing fee and for the assignment of counsel is denied; and it is further,

ORDERED that the motion of the appellant pro se is otherwise denied; and it is further,

ORDERED that pursuant to section 670.4(a) of the Rules of this court (see 22 NYCRR 670.4[a]), the appellant shall perfect the appeal on or before March 27, 2006, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargements of time shall be granted..

CRANE, J.P., GOLDSTEIN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court